U.S. TREAS Form treas-irs-8826-1994
Form
8826
OMB No. 1545-1205
Disabled Access Credit
Department of the Treasury
Internal Revenue Service
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Attachment
Sequence No.
Attach to your return.
Name(s) as shown on return
Part I
1
2
3
4
5
6
7
8
Current Year Disabled Access Credit
Total eligible access expenditures
Minimum amount
Subtract line 2 from line 1 (if less than zero, enter -0-)
Maximum amount
Enter smaller of line 3 or line 4
Current year credit. Multiply line 5 by 50% (.50)
Disabled access credits from
If you are a—
Then enter total of current year disabled access credit(s) from—
flow-through entities:
a
Shareholder
Schedule K-1 (Form 1120S), lines 12d, 12e, or 13
b
Partner
Schedule K-1 (Form 1065), lines 13d, 13e, or 14
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1
2
3
4
5
6
$
250 00
$10,000 00
7
Total current year disabled access credit. Add lines 6 and 7, but do not enter more than $5,000
Part II
86
Identifying number
8
Tax Liability Limitation (See Who Must File Form 3800 to see if you complete Part II or file Form 3800.)
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9a
b
c
10
a
b
c
d
e
f
g
h
i
11
12
a
b
c
13
a
b
c
14 15 Individuals. Enter amount from Form 1040, line 40
Corporations. Enter amount from Form 1120, Schedule J, line 3 (or Form 1120-A, Part I, line 1)
Other filers. Enter regular tax before credits from your return (see instructions)
Credits that reduce regular tax before the disabled access credit:
10a
Credit for child and dependent care expenses (Form 2441, line 10)
10b
Credit for the elderly or the disabled (Schedule R (Form 1040), line 21)
10c
Mortgage interest credit (Form 8396, line 11)
10d
Foreign tax credit (Form 1116, line 32, or Form 1118, Sch. B, line 12)
10e
Possessions tax credit (Form 5735)
10f
Orphan drug credit (Form 6765, line 10)
10g
Credit for fuel from a nonconventional source
10h
Qualified electric vehicle credit (Form 8834, line 19)
Add lines 10a through 10h
Net regular tax. Subtract line 10i from line 9
Tentative minimum tax (see instructions):
Individuals. Enter amount from Form 6251, line 26
Corporations. Enter amount from Form 4626, line 13
Estates and trusts. Enter amount from Form 1041, Schedule H, line 37
Net income tax:
Individuals. Add line 11 above and line 28 of Form 6251
Corporations. Add line 11 above and line 15 of Form 4626
Estates and trusts. Add line 11 above and line 39 of Form 1041, Schedule H
If line 11 is more than $25,000, enter 25% (.25) of the excess (see instructions)
Subtract line 12 or line 14, whichever is greater, from line 13. Enter the result. If less than zero,
enter -0­
16 Disabled access credit allowed for the current year. Enter the smaller of line 8 or line 15.
This is your General Business Credit for 1994. Enter here and on Form 1040, line 44; Form
1120, Schedule J, line 4e; Form 1120-A, Part I, line 2a; Form 1041, Schedule G, line 2c; or on
the appropriate line of other income tax returns
Paperwork Reduction Act
Notice
We ask for the information on this
form to carry out the Internal Revenue
laws of the United States. You are
required to give us the information. We
need it to ensure that you are
complying with these laws and to
allow us to figure and collect the right
amount of tax.
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The time needed to complete and
file this form will vary depending on
individual circumstances. The
estimated average time is:
Recordkeeping
4 hr., 32 min.
Learning about the
law or the form
47 min.
Preparing and sending
the form to the IRS
55 min.
Cat. No. 12774N 9
10i
11
12
13
14
15
16
If you have comments concerning
the accuracy of these time estimates
or suggestions for making this form
more simple, we would be happy to
hear from you. You can write to both
the IRS and the Office of Management
and Budget at the addresses listed in
the instructions of the tax return with
which this form is filed.
Form
8826
(1994)
Form 8826 (1994)
General Instructions
Section references are to the Internal
Revenue Code unless otherwise noted.
Purpose of Form
Form 8826 is used by an eligible small
business to claim the disabled access
credit. The credit is part of the general
business credit under section 38 and is
figured under the provisions of
section 44.
A partnership or S corporation that is
an eligible small business completes
Part I of the form to figure the credit to
pass through to its partners or
shareholders.
Definitions
Eligible small business.—For purposes
of section 44, an eligible small business
is any business or person that (a) had
gross receipts for the preceding tax year
that did not exceed $1 million or had no
more than 30 full-time employees during
the preceding tax year and (b) elects (by
filing Form 8826) to claim the disabled
access credit for the tax year.
For purposes of the definition:
● Gross receipts are reduced by returns
and allowances made during the tax
year.
● An employee is considered full time if
that employee is employed at least 30
hours per week for 20 or more calendar
weeks in the tax year.
● Generally, all members of the same
controlled group and all persons under
common control are considered to be
one person. See section 44(d)(2).
Eligible access expenditures.—For
purposes of section 44, these
expenditures are amounts paid or
incurred by the eligible small business to
comply with applicable requirements
under the Americans With Disabilities
Act of 1990 (Public Law 101–336 as in
effect on the date of enactment of
section 44).
Eligible access expenditures include
amounts paid or incurred—
a. To remove barriers that prevent a
business from being accessible to or
usable by individuals with disabilities;
b. To provide qualified interpreters or
other methods of making audio materials
available to hearing-impaired individuals;
c. To provide qualified readers, taped
texts, and other methods of making
visual materials available to individuals
with visual impairments; or
d. To acquire or modify equipment or
devices for individuals with disabilities.
Page
The expenditures must be reasonable
and necessary to accomplish the above
purposes.
Eligible expenditures do not include
expenditures in a above that are paid or
incurred in connection with any facility
first placed in service after November 5,
1990.
Eligible access expenditures must
meet those standards issued by the
Secretary of the Treasury as agreed to
by the Architectural and Transportation
Barriers Compliance Board and set forth
in regulations. See section 44(c) for
other details.
Disability.—For an individual, this
means—
a. A physical or mental impairment
that substantially limits one or more of
the major life activities of that individual;
b. A record of such an impairment; or
c. Being regarded as having such an
impairment.
Specific Instructions
Part I
Line 1.—Enter total eligible access
expenditures paid or accrued during the
tax year. See Eligible access
expenditures above for a definition and
other details.
Controlled groups.—All members of a
controlled group of corporations (within
the meaning of section 52(a)) and all
persons under common control (within
the meaning of section 52(b)) are treated
as one person for purposes of the
credit. The group member with the most
eligible access expenditures should
figure the group credit in Part I and skip
Part II.
On separate Forms 8826, each
member of the group should skip lines 1
through 5 and enter its share of the
group credit on line 6. Each member
should then complete the remaining
applicable lines (or Form 3800, if
required) on its separate form. Each
member must also attach to its Form
8826 a schedule showing how the group
credit was divided among all members.
The members share the credit in the
same proportion that they contributed
eligible access expenditures.
Denial of double benefit.—To the
extent of the credit shown on line 6, the
eligible access expenditures may not be
claimed as a deduction in figuring
taxable income, capitalized, or used in
figuring any other credit.
Line 9c.—Form 990-T filers, enter the
total of either lines 35c and 37 or lines
36 and 37, whichever applies.
Printed on recycled paper
2
Who Must File Form 3800
If for this year you have more than one
of the credits included in the general
business credit listed below, or have a
carryback or carryforward of any of the
credits, or have a disabled access credit
from a passive activity, you must
complete Form 3800, General Business
Credit, instead of completing Part II of
Form 8826 to figure the tax liability
limitation.
The general business credit consists
of the following credits:
● Investment (Form 3468),
● Jobs (Form 5884),
● Alcohol used as fuel (Form 6478),
● Research (Form 6765),
● Low-income housing (Form 8586),
● Enhanced oil recovery (Form 8830),
● Disabled access (Form 8826),
● Renewable electricity production
(Form 8835),
● Indian employment (Form 8845),
● Employer social security and Medicare
taxes paid on certain employee tips
(Form 8846), and
● Contributions to selected community
development corporations (Form 8847).
The empowerment zone employment
credit (Form 8844), while a component
of the general business credit, is figured
separately and is never carried to Form
3800.
Part II
Complete Part II if you do not have to
file For m 3800.
Line 12.—Enter the tentative minimum
tax (TMT) that was figured on the
appropriate alternative minimum tax
(AMT) form or schedule. Although you
may not owe AMT, you must still
compute the TMT to figure your credit.
Line 14.—See section 38(c)(3) for
special rules for married couples filing
separate returns and for controlled
corporate groups.
Line 16.—If you cannot use part of the
credit because of the tax liability
limitations (line 16 is smaller than line 8),
carry the unused portion back to each of
the 3 preceding tax years, beginning
with the earliest. Any remaining unused
credit is then carried forward for 15
years. See the separate Instructions for
Form 3800 for details.